Category: Legal

Today’s decision by a Federal court judge ordering Oracle and Google to disclose who they paid to write about their “JAVA trial” poses interesting questions about corporate media management — who pays for what to be written and what extent does that have on influence within the industry?What would you expect that answer to be? All Things D’s filing Judge Orders Google and Oracle to Disclose Who They Paid to Write About Java Trial has the story quoting “Judge William Alsup, who presided over the case in the U.S. District Court for the Northern District of California, wrote in his order that he’s “concerned that the parties and/or counsel herein may have retained or paid print or Internet authors, journalists, commentators or bloggers who have and/or may publish comments on the issues in this case.”We’ve seen purchased coverage before in terms of trade press, I’m thinking especially of the sychophants who write gushingly about the latest Apple release and who (masquerading as reporters) would leap to their feet to applaud Steve Jobs. Other companies (Cisco’s news site) commissions articles by well-known and reputable authors — though one might assume they are not (often) going to either write nor would Cisco (or others likely) post unflattering comments, reviews, analysis or criticisms. This is coverage purchased to put forth the issue in the most flattering light possible under the circumstances. It is corporate communications imitating news. It’s a lot like Sorkin’s The Newsroom imitating real news rooms. BP Oil was insidious in the way it aggregated media coverage during the gulf oil spill while inserting reports from its own commissioned reporters…. it did make a disclaimer but only in the tiniest of print. It was clever – in the midst of critical news it seemed unexpected to read glowing accounts of the importance of big oil to the community and their years of service and commitment to the economy and residents.I don’t argue that this is happening – I find it refreshing that a federal judge is concerned enough to demand a review into how pervasive it may have been during his trial.I find Judge Alsup’s order compelling. His full order can be found here .

The Justice Department admits it served $16 dollar muffins, $8 cups of coffee and cookies and brownies that cost $10 each at a 2009 meeting.

At a time when many Americans don’t have enough money for basic groceries this seems to be, well the word that comes to mind is excessive.

The story, appearing in Wednesday’s Los Angeles Times Justice Department’s $16 dollar muffins don’t sit well, quotes Justice Department officials, “We agree that excessive spending of the types identified in the OIG report should not occur,” adding that the department has taken steps “to ensure that these problems do not occur again.”

Good messaging. Good Crisis Management.

Maybe they might have thought about the ramifications of the decision to spend so much before they thought they were so entitled. But it proves the old media adage, you never get caught for the crime when you do it but always for the cover-up or the discover.

A new low in the war against free speech, open debate, tolerance of views other than those of our own and civility… a new example of a politician stifling debate in what appears to be an effort to prevent an embarrassment.
Steve Chabot’s (R-OH) open town hall with his constituents seems to have been so controversial that the Congressman’s staff requested police disrupt and confiscate citizen-made videos. You’ve got to watch those taxpayers – those interested citizens – those just plain folk-who-no-doubt-have-turned-terrorsist-agents lest they do something really radical like post a video on youtube.com.

It is simply difficult to image what was so threatening to the Congressman that it was worth the fuss and furor of requesting police intervention. It is also mystifying why the police felt compelled to step in where there was no overt or even apparent threat to civil order.

This has the same big-brother feel of overt-over reaction. It raises the question, didn’t we fight a revolution against the British for their same Draconian tactics limiting free speech, open assembly and the right to protest? Are some of us – perhaps among them elected officials – forgetting our own history and roots?

That’s right – network’s don’t pay for interviews so instead they offer lavish treatment and buy the rights to photographs and other family memorabilia; it’s called the licensing rights for everything surrounding her actual tell-all tale. Payola by any other name is still wrong.

It’s been going on since before the verdict but now the bidding war for Casey Anthony’s story has gone big time with attorneys holed up in pricey New York hotels as they negotiate Casey for her licensing rights. That’s right – network’s don’t pay for interviews so instead they offer lavish treatment and buy the rights to photographs and other family memorabilia; it’s called the licensing rights for everything surrounding her actual tell-all tale. Payola by any other name is still wrong.

Postings in social media on this are colorful ranging from outrage and revulsion to snide comments about the ethics (or lack thereof) involved in even considering buying her story, much less rewarding her. None of this is new. None is shocking. It is what tabloids and quick-books have made fortunes on over the years. The networks should not be blamed – they are selling a product and need to corner an ever shrinking piece of the viewer’s loyalty. Sadly this is being done under the banner of news, but that seems to cause few any pain or difficulty.

Meanwhile – Casey may be in Palm Springs according to some… while cross country her lawyers are no doubt turning up the heat in their bidding war… and the weatherman said it was going to be a scorcher in New York today. No doubt.

Paying for interviews is against network standards but there is nothing prohibiting payments for licensing rights and other perks paid to news sources and potential interviewees. The latest? A two-hundred thousand dollar ($200,000.00) payment to Casey Anthony! It isn’t new – it happened as recently as last night (Sunday)with a six figure deal with Jaycee Dugard and her publisher for a ‘first-look’ at her story. It has happened over many years – and each network is guilty of doing it, although ABC and NBC have been in a more financially secure position reportedly to be more lavish in their offers.

And don’t think that money only flows to the victims or good guys in such stories. Two networks were in a fierce bidding war for the songbook of Phillip Garrido – Dugard’s admitted captor and rapist – shortly after the story broke. Attorneys representing a friend of Mr. Garrido received six figure offerings for his songs which included lurid details of a cross country sex odyssey and other perversions.

The audience doesn’t seem to see a difference between paying for news or paying for access. In a celebrity driven world it seems as if we have become accustomed to the habit of stars and news makers wanting to be compensated for their first hand stories. Networks have been more than obliging in paying sums for what guarantees them the right to brand the interview an “exclusive”. But does all this loot change the story – does more money make it ever so much more necessary to add an adjective or color the telling of a story in a particular way to make it seem worth the cash? One cannot demand top dollar and then disappoint the paymaster. It wouldn’t be good for business, especially when that is show business.

It may be good for business but it is bad for ethics, and there’s just no way around that.

ABC News hires kidnap victim Elizabeth Smart to cover child kidnapping and missing person cases. It is worth asking is this good journalism or smarmy public relations and booking?

ABC News has hired Elizabeth Smart, formerly in the news as a Utah kidnap victim when she was a child, as a correspondent assigned to kidnapping and high profile missing person cases, according to The Hollywood Reporter and reported in People Magazine.

Is this a strategic move or one aimed at creating and fostering special appreciation among victim’s families?
Is she a bona fide journalist or a talented ‘talking horse’?

The issue is simple – what’s her training, journalistic experience or story telling? Obviously she will work alongside talented producers; obviously she will be guided and hand-held… but is she being sent out as a lure to sway the sympathy of victims?

It is worth asking is this good journalism or smarmy public relations and booking?